29 September 2014 · Planning Committee
Vacant Land At, Bradda View, Ballakillowey, Colby, Isle Of Man, IM9 4be
The proposal involves building twelve detached houses of four different types (Cambridge, Oakwood, Limewood, Yately) on a 1 hectare sloping site within the Ballakillowey residential estate, including associated garages, a new estate road from Bradda View, foul and surface water drainage with pumping station and soakawa…
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Previous refusals for 12 and 5 dwellings were based on the superseded Arbory and East Rushen Local Plan's estimate of 5 dwellings, but the new Strategic Plan and Area Plan for the South supersede this…
Strategic Policy 1
Requires optimising use of unused land, efficient site use considering access/landscaping/open space/amenity, utilise infrastructure. Officer assessed 12 dwellings optimise unused residential-zoned sloping site with good access/drainage.
Strategic Policy 2 - Priority for new development to identified towns and villages
Locate new development in towns/villages or sustainable extensions; countryside exceptional. Site in existing Ballakillowey estate extension, zoned residential.
Spatial Policy 5
Design to positively contribute to environment; design statement required. Mix of types/finishes (render/stone/cedar), low-maintenance/energy-efficient.
Strategic Policy 5
Development in defined settlements; countryside per GP3. Site in settlement per Area Plan.
General Policy 2
Permitted if accords with zoning/brief, respects site/surroundings (siting/layout/scale/design/landscaping), no adverse amenity/traffic/highways/services impact, incorporates topography/trees. Assessed compliant: good separations, tree protection, highways ok, drainage provided.
Environment Policy 7
No harm to watercourse without mitigation; identify courses, risk assessment, pollution measures, 8m buffer. Watercourse on western edge; drainage to sewer/soakaways, IOMWSA consulted.
Housing Policy 5
25% affordable in residential-zoned developments of 8+ dwellings. Off-site via legal agreement to Cronk Cullyn site.
Recreation Policy 3
10+ dwellings provide landscaped amenity/children's play per Appendix 6. Off-site via legal agreement as site unsuitable.
Recreation Policy 4
Open space on-site or conveniently close/accessible. Off-site provision justified.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Retain tree T51
Notwithstanding the other conditions of this approval, the tree identified as T51 must be retained and not removed as shown in drawings 01F, 02D, 03,002B, 003B.
Hipped roofs plots 4 and 12
Prior to the erection of any dwelling on plot 4 or plot 12, further plans must be approved which demonstrate that the dwellings on these plots will have hipped roofs and the development of these plots must be undertaken in accordance with these drawings.
Landscaping implementation
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Tree protection fencing
Prior to the commencement of any works on site, the existing trees which are shown in the approved drawings as being retained, must be protected by way of the erection of a stout fence underneath the dripline of the canopy and thereafter, the protected area may not be used for any purpose, particularly not for the storage of any material or the parking of any vehicle. Such fencing must be retained for the duration of the building and engineering works. There may be no mechanical digging within the protected area and any excavation must be undertaken by hand such as to avoid damage to any tree roots.
No objection but concerns on sewage pumping station maintenance, block paved road funding, LED lighting, off-site affordable housing in different parish
No objection to principle; note bat survey; recommend avoid light spillage to southern woodland bat foraging; low density may mitigate impact
Continued need for affordable housing; accept off-site provision via legal agreement
Garages on some plots below standards but no objection as two off-street spaces provided
Connect to main foul sewer acceptably (Sewerage Act); no discharge to foul sewer (none proposed); guidance on Land Drainage Act/adoption
The original application for 12 detached dwellings was approved by the Planning Committee on 29 September 2014 subject to conditions and legal agreements for off-site affordable housing and open space. Local residents (appellants Mr J R Howitt and Mrs E Faragher) appealed, arguing overdevelopment, conflict with General Policy 2, inadequate parking, overlooking (especially to 7 Ballakeyll), and drainage issues. The inspector assessed the proposal against the Strategic Plan 2007 and Area Plan for the South 2012 (APS), finding it compliant with the site's Residential Proposal Site 17 Development Brief, making best use of land at 12 dwellings/ha (between low and medium density), acceptable neighbour impacts despite level differences, adequate drainage, access, parking, and tree/bat protections. Previous appeal refusals under the superseded Local Plan carried reduced weight due to policy changes. The appeal was dismissed on 23 January 2015, confirming approval with recommended condition tweaks for tree retention, hipped roofs on plots 4 and 12, landscaping, and tree protection.
Precedent Value
Demonstrates policy supersession reduces weight of prior appeal refusals; efficient density between low/medium ranges prevails over matching lowest-adjacent if APS Brief and GP2 met via design mitigations. Applicants should prioritise current plan compliance, robust technical evidence, and off-site s106 solutions in mature estates.
Inspector: Alan Langton DipTP CEng MRTPI MICE MCIH
